The National Court has refused to provisionally execute the sentence that annulled the dismissal of Colonel Diego Pérez de los Cobos as head of the Madrid Civil Guard Command, thus rejecting that he may rejoin immediately to his position, considering that, if he were to return at this time, when the ruling is not yet final, it could cause a loss of “impossible repair” to the person who currently holds that position.
The Central Contentious-Administrative Court 8 of the National High Court annulled the dismissal of Pérez de los Cobos ordered by the Minister of the Interior, Fernando Grande-Marlaska, considering it occurred because of complying with the law and the judge’s order of case 8-M, that is, by not having committed a “criminal offense”.
Pérez de los Cobos later asked the same court, led by Celestino Salgado, the provisional execution of the sentence that he annulled his dismissal, claiming that, if he did not rejoin now, he could suffer irreparable damage because the final judgment could arrive when he had already passed to the reserve situation.
The magistrate agrees that “it is evident” that Pérez de los Cobos has suffered a “damage that continues in time as long as said reincorporation to the position from which he was dismissed does not occur “, but he sees just as” evident “that” said sentence is not final, so it may eventually be revoked “by the Contentious Chamber- Administrative.
Thus, the judge has concluded that the return of the colonel to his former position, “although we cannot determine at this time that it could lead to irreversible situations, it is capable of producing damages of impossible repair“, which is why it has rejected the provisional execution of the sentence handed down last March.
Damages to third parties
Salgado bases his decision on that “the provisional execution without a doubt would cause damage to the people who currently hold positions in the Madrid Command and in the Central Intervention of Weapons and Explosives “, where he also worked.
It thereby rejects one of the arguments raised by Pérez de los Cobos, according to which the fact that his successor as commander of the Civil Guard in Madrid, David Blanes, has not appeared in this case means that do not believe that you may suffer any harm. It would only become his number two, says the colonel.
“On the contrary,” amends the judge, his return “would force a reorganization in the Madrid Command and in the Central Intervention of Weapons and Explosives, with the consequent impact on people who occupy positions in both and, eventually, in the evaluations by reason of the position occupied in which the scores obtained in the process of evaluation”.
The magistrate adds that there is the possibility that the sentence be laid down on appeal, which “would determine a new reorganization of the personnel in the posts of the Madrid Command and in the Central Intervention of Weapons and Explosives resulting from the provisional execution.”
In addition, he has answered Pérez de los Cobos that it is premature to conclude that You will not be able to rejoin when the sentence is final, pointing out in this sense that “its transfer to the reserve situation (…) would take place on December 13, 2024.” “The possibility that a possible cassation appeal was admitted for processing is a mere hypothesis that we cannot take into account at the present time,” he said.
Likewise, Salgado once again responds to the reasons stated by Pérez de los Cobos in his appeal, in which he defended that the termination of said positions would deprive of an eventual promotion to brigadier general because he could not add up the points that he would receive for performing those jobs and that would be necessary for him to continue rising through the ranks.
The head of the Central Court of Contentious-Administrative Number 8 has reminded him that “the possibility of promotion to the job of brigadier general is a mere expectation“which, in any case,” is not produced by strict order of scoring derived from the evaluation process. “
It positions itself with the State Attorney
In this way, the magistrate has accepted the reasons presented by the State Attorney, on behalf of the Ministry of the Interior, to avoid the immediate reinstatement of Pérez de los Cobos.
The legal services of the State argued that the provisional execution of the sentence would cause “significant damage to several members of the Civil Guard, to the organization of the Administration and, by extension, to the service provided to the citizen, damage that, furthermore, it is irreparable once it takes place. “
And all this, he pointed out, due to “speculation about the meaning and possibility of appeal on appeal, a sentence that has not yet been handed down or misrepresentations on the regulations and operation of the system of promotion by election to the job of brigadier general. “
Perez de los Cobos He was dismissed as head of the Madrid Command for loss of confidence by not reporting the presentation of the 8-M report before the Madrid judge investigating the start of the coronavirus contagion.